1547.31
Muffler or muffler system required - noise levels.

(A)
Every powercraft operated on the waters
in this state shall be equipped at all times with a muffler or a muffler system
that is in good working order, in constant operation, and effectively installed
to prevent excessive or unusual noise.

(1)
No
person shall operate or give permission for the operation of a powercraft on
the waters in this state in such a manner as to exceed a noise level of ninety
decibels on the "A" scale when subjected to a stationary sound level test as
prescribed by SAE J2005.

(2)
No
person shall operate or give permission for the operation of a powercraft on
the waters in this state in such a manner as to exceed a noise level of
seventy-five decibels on the "A" scale measured as specified by SAE J1970.
Measurement of a noise level of not more than seventy-five decibels on the "A"
scale of a powercraft in operation does not preclude the conducting of a
stationary sound level test as prescribed by SAE J2005.

(C)
No person shall operate or give
permission for the operation of a powercraft on the waters in this state that
is equipped with an altered muffler or muffler cutout, or operate or give
permission for the operation of a powercraft on the waters in this state in any
manner that bypasses or otherwise reduces or eliminates the effectiveness of
any muffler or muffler system installed in accordance with this section, unless
the applicable mechanism has been permanently disconnected or made inoperable.

(D)
No person shall remove, alter,
or otherwise modify in any way a muffler or muffler system in a manner that
will prevent it from being operated in accordance with this section.

(E)
No person shall manufacture, sell, or
offer for sale a powercraft that is not equipped with a muffler or muffler
system that prevents noise levels in excess of those established in division
(B)(1) of this section.

(1)
A powercraft that is designed,
manufactured, and sold for the sole purpose of competing in racing events. The
exception established under division (F)(1) of this section shall be documented
in each sale agreement and shall be acknowledged formally by the signatures of
the buyer and the seller. The buyer and the seller shall maintain copies of the
sale agreement. A copy of the sale agreement shall be kept aboard the
powercraft when it is operated. A powercraft to which the exception established
under division (F)(1) of this section applies shall be operated on the waters
in this state only in accordance with division (F)(2) of this section.

(2)
A powercraft that is actually
participating in a sanctioned racing event or in tune-up periods for a
sanctioned racing event on the waters in this state and that is being operated
in accordance with division (F)(2) of this section. For the purposes of
division (F)(2) of this section, a sanctioned racing event is a racing event
that is conducted in accordance with section
1547.20 of the Revised Code or
that is approved by the United States coast guard. The operator of a powercraft
that is operated on the waters in this state for the purpose of a sanctioned
racing event shall comply with that section and requirements established under
it or with requirements established by the coast guard, as appropriate. Failure
to comply subjects the operator to this section.

(3)
A powercraft that is being operated on
the waters in this state by or for a boat or engine manufacturer for the
purpose of testing, development, or both and that complies with division (F)(3)
of this section. The operator of such a powercraft shall have aboard at all
times and shall produce on demand of a law enforcement officer a current, valid
letter issued by the chief of the division of watercraft in accordance with
rules adopted under division (I)(1) of this section. Failure to produce the
letter subjects the operator to this section.

(G)
A law enforcement officer who is trained
in accordance with rules adopted under division (I)(2) of this section and who
has reason to believe that a powercraft is not in compliance with the noise
levels established in this section may direct the operator of the powercraft to
submit it to an on-site test to measure the level of the noise emitted by the
powercraft. The operator shall comply with that direction. The officer may
remain aboard the powercraft during the test at the officer's discretion.

If the level of the noise emitted by the powercraft exceeds the
noise levels established in this section, the officer may direct the operator
to take immediate and reasonable measures to correct the violation, including
returning the powercraft to a mooring and keeping it at the mooring until the
violation is corrected or ceases.

(H)
A law enforcement officer who conducts
powercraft noise level tests pursuant to this section shall be trained to do so
in accordance with rules adopted under division (I)(2) of this section.

(I)
In accordance with Chapter
119. of the Revised Code, the chief shall adopt rules establishing both of the
following:

(1)
Requirements and procedures
for the issuance of letters under division (F)(3) of this section. The rules
shall require, without limitation, that each such letter adequately identify
the powercraft concerning which the letter is issued and specify the purposes
for which the powercraft is being operated.

(2)
Requirements and procedures for the
training of law enforcement officers who conduct powercraft noise level tests
pursuant to this section. The rules shall require the training to include,
without limitation, the selection of a site where noise level is measured and
the calibration and use of noise measurement equipment.